Board of Trustees Meeting Minutes - Delhi Township

68The June 29, 2011 regular meeting of the Delhi Township Board of Trustees was called toorder at 6:00 p.m. by President Albert C. Duebber. Trustees Michael D. Davis and Jerome F.Luebbers, Fiscal Officer Cheryl A. Sieve and Law Director David C. Lane were present.Open the Meeting:The meeting began with invocation led by Dave Swenson, which was then followed byThe Pledge of Allegiance.The Board received certification that the rules adopted pursuant to Section 121.22 ofthe Ohio Revised Code had been complied with for the meeting.Motions for Consideration:Motion 2011-084Trustee Luebbers moved and Trustee Davis seconded to approve the minutes of the regularmeeting of June 15, 2011 and dispense with the reading. Trustees Duebber, Davis andLuebbers voted YES. Motion carried.Motion 2011-085Trustee Luebbers moved and Trustee Davis seconded to approve the bills for payment.Trustees Duebber, Davis and Luebbers voted YES. Motion carried.Motion 2011-086Trustee Luebbers moved and Trustee Davis seconded to approve the payment of overtime.Trustees Duebber, Davis and Luebbers voted YES. Motion carried.Trustees’ Correspondence:Trustee Davis received correspondence referencing a problem involving trafficbacking up at several intersections due to the extended timing of the traffic signalson Delhi Pike. The three locations include the intersection at Greenwell(northbound) while waiting to turn left on to Delhi (the new UDF store hasincreased the amount of traffic at the intersection), the intersection at AndersonFerry (southbound) while waiting to turn left on to Delhi and the intersection at Mt.Alverno (westbound) while waiting to turn left on to Delhi.Report from the Fiscal Officer:1. Opening of bids for the Delhi Township Street Rehabilitation and Repair Project No.2011-A:Fiscal Officer Sieve opened and read the following bids:R.A. Miller Construction ............................................................... $1,116,112.65Adleta Construction ....................................................................... $1,121,824.87

69Prus Construction ........................................................................... $1,068,855.88Motion 2011-087Trustee Luebbers moved and Trustee Davis seconded to turn the Street Rehabilitation andRepair Project No. 2011-A bids over to the Public Works Director Ron Ripperger for reviewand determination concerning the selection of the most responsive and responsible bidder.Trustees Duebber, Davis and Luebbers voted YES. Motion carried.2. Fiscal Officer Sieve opened and read off the following bids for the Rapid Run StreetRehabilitation Project, Demolition Phase 1:Fiscal Officer Sieve reported that the Township received one bid after the due date. Sheopened and read the following bids:Allgeier & Son ............................................................................................................ $65,210.00Ficus Excavators ...................................................................................................... $77,500.00O’Rourke ...................................................................................................................... $77,380.00Westside Paving & Excavating ............................................................................ $82,640.00Zillig Excavating and Paving ............................................................................... $83,578.00Selhorst Equipment Services .............................................................................. $84,971.00Logan Creek ............................................................................................................... $88,900.00Motion 2011-088Trustee Luebbers moved and Trustee Davis seconded to turn over the Rapid RunDemolition Project bids over to Public Works Director Ron Ripperger for review anddetermination concerning the selection of the most responsive and responsible bidder.Trustees Duebber, Davis and Luebbers voted YES. Motion carried.Presentations:Delhi Township Veterans Memorial - Installation of third granite bench – DelhiTownship Veterans’ Association Secretary Jeff Lefler requested approval to allow themto move forward with the installation of Bench No. 3 at the Township’s VeteransMemorial Park.He reported that the bench, an exact replica of the benches that are currently located atthe memorial, would be installed facing the parking lot along the path that leads to thegun – a purchase in the amount of $1,000 from Schott Monument Company.Mr. Lefler reported that the Association intended to provide the labor at no cost andthat additional funds would be needed for the engraving and supplies.Trustee Duebber reported that the Association was made aware of a memorial that waslocated on the Clearview Lake property that is in a state of disrepair. He commentedthat the memorial was installed years ago by Don Simpson through the Forty & Eightveteran’s organization group. He asked if the Association would consider taking on theresponsibility of refurbishing and relocating the memorial to the Delhi TownshipVeterans Memorial Park.Mr. Lefler stated that he would bring the request to their Board for consideration.

70Trustee Duebber asked Administrator Schroeder to contact the Forty & Eight toresearch the transfer of the memorial to the Delhi Veterans’ Association.Mr. Lefler reported that the Association would be conducting a grill out fundraiser atDelhi Kroger on Saturday, July 2 nd and Sunday, July 3 rd .Cheviot Savings Bank - Defibrillator donation – Police Chief Howarth reported on anunexpected reduction of $118,000 (decrease in anticipated personal property taxes andpublic utilities) in the 2011 budget. He commented that the reduction had forced thedepartment to reconsider corresponding appropriations including a $20,000appropriation to replace internal defibrillators in the police cruisers. FinancialAdvisory Board member Steve Hausfeld recommended that he contact Kevin Kappawith Cheviot Savings Bank to see if they would consider making a donation to cover theexpense.Mr. Kappa reported that the request was introduced to the Cheviot Savings BankCharitable Foundation who unanimously agreed to make a donation to purchase ninedefibrillators. Mr. Kappa presented Chief Howarth with a check in the amount of$10,300.Department Reports:Rapid Run Property Buyout Project – Public Works Director Ron Ripperger reported thatthe following motion would allow the Metropolitan Sewer District to enter intopurchase contract with two homes that are currently tenant occupied. He reported thatthe tenants would be protected under the Uniform Act - a federal law which establishesminimum standards for federally funded programs and projects that require theacquisition of real property (real estate) or displaces persons from their homes.Motion 2011-089Trustee Luebbers moved and Trustee Davis seconded to acknowledge the closing datecontingency provision to the template document approved at Resolution 2011-009.Trustees Duebber, Davis and Luebbers voted YES. Motion carried.Public Hearing – Tax Budget:Trustee Duebber opened the hearing concerning the 2012 tax budget.Administrator Schroeder reported that all filing requirements had been met concerning the2012 tax budget. The tax budget which represents the anticipated revenues and expensesfor calendar year 2012 will have to be filed with the County Auditor no later than July 20.Trustee Luebbers commented that the tax budget is more or less an estimate. Hespeculated what the tax budget would look like in 2012 and 2013 due to the severe cutsexpected in the General Fund.

71Trustee Duebber acknowledged the support of the Financial Advisory Board throughoutthe budget planning process. With no other business to be conducted, Trustee Duebberclosed the hearing.Reading of the Resolutions:Resolution 2011-059Trustee Luebbers introduced and moved the adoption of a resolution approving purchaseorder obligations incurred on behalf of the Township by the Township Administrator,authorizing payment of certain purchase order obligations and dispensing with the secondreading. Trustee Davis seconded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-060Trustee Luebbers introduced and moved the adoption of a resolution adopting tax budgetfor fiscal year commencing January 1, 2012 pursuant to R.C. 5705.28 and dispensing withthe second reading. Trustee Davis seconded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Reference the following resolution, Fiscal Officer Sieve reported a balance of $1,238.70existed in a revenue account that was established for the original Veterans Memorial Parkgrant. The remaining balance will cover the expenses related to the purchase andengraving of Bench No. 3.Resolution 2011-061Trustee Luebbers introduced and moved the adoption of a resolution authorizingimprovement by and accepting donation from the Delhi Township Veterans Association forBench No. 3 to be installed at the Township’s Veterans Memorial, imposing conditions,appropriating funds and dispensing with the second reading. Trustee Davis seconded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.

72Resolution 2011-062Trustee Luebbers introduced and moved the adoption of a resolution authorizing donationfrom Cheviot Savings Bank in the amount of $10,300.00 to be utilized for the acquisition ofreplacement defibrillator units for Police vehicles and dispensing with the second reading.Trustee Davis seconded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-063Trustee Luebbers introduced and moved the adoption of a resolution budgeting anticipatedrevenues, amending appropriations for expenses in various funds, authorizing transfersand dispensing with the second reading. Trustee Davis seconded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-064 (first reading)Trustee Luebbers introduced and moved the adoption of a resolution entering into afacilities use agreement with the Delhi Skirt Game Committee for use of Delhi Park for itsannual charity event, authorizing the Parks and Recreation Director to execute theagreement and dispensing with the second reading. Trustee Davis seconded.Administrator Schroeder reviewed the following revisions to the agreement asrecommended by Trustee Luebbers:Section: “the Township hereby grants the Skirt Game Committee clarification regardinggrass, surface area deemed suitable for vehicle parking on the day by the Townshippoint of contact.”Item #3: “use of the Clearview parking lot and basketball courts for parking for unrestrictedparking and basketball courts for handicapped parking”Item #6: “use of ice from machine in the Lodge per availability”Item #7: “use of walk in coolers in the Lodge per availability of space”Item #9: “Field #1 lights should be turned off no later than 11:30 on the day of the eventand the lights on Field #3 would be turned off when the cleanup crew had vacated the parkbut it was no later than the earlier of the completion of clean up or 2:00 a.m. the lights atField #3 will be turned off no later than 12:30 a.m. on the day following the event”Section (Township section): a clarification on who will be supplying and installing conesand barriers request to be made.Item #5: “drag and line Field #1 on the day of the event for the event”

73Item #8: “reserve the shelter near Field #4 Shelter # 1 on the day of the event”Item #1 (Skirt Game Ctte section): “will obtain all necessary permits including but notlimited to liquor, food, and IBI and those Building and Fire permits relating to the erection ofa large tent those relating to the erection of a large tent”.Item #4 (Skirt Game Ctte section): obtain the insurance required for the fireworks displayand supply a copy of the policy to the Township two weeks prior to the day of the event”Item #7: “to have lights or reflective tape on the golf carts if possible”Item #10: “assume liability for store storage of erected booths”Item #11: “to limit where possible truck vehicle traffic on the outfield of Field #1”Item #12: “locate the LaRosa’s trailer and beer truck in the same area as last year on theday of the event”Item #13: (added) “locate the port-o-lets adjacent to the beer truck and at the south end ofthe basketball courts”The consensus was to present the revised version of the document to the Skirt GameCommittee for review and to continue with the second reading of the resolution at the July13 meeting.Resolution 2011-065Trustee Davis introduced and moved the adoption of a resolution entering into anagreement with Reliance Standard Life Insurance Company for the provision of group lifeinsurance benefits for eligible Township employees, and officers, authorizing the TownshipAdministrator to execute such agreement and dispensing with the second reading. TrusteeDuebber seconded.Trustee Davis moved and Trustee Luebbers seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-066Trustee Luebbers introduced and moved the adoption of a resolution entering into arenewal agreement with Dental Care Plus for the provision of group dental insurancebenefits for eligible Township employees and officers, authorizing the TownshipAdministrator to execute such agreement and dispensing with the second reading. TrusteeDavis seconded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-067

74Trustee Luebbers introduced and moved the adoption of a resolution authorizing andentering into a renewal agreement with Anthem for the provision of group healthinsurance benefits for eligible Township employees and officers, authorizing the TownshipAdministrator to execute such agreement and dispensing with the second reading. TrusteeDavis seconded.Administrator Schroeder reported that the original resolution referenced a renewalagreement with United Health Care including a 33% increase reference the first offer and a20% increase reference the second offer. The best offer and recommendation of theHuman Resources Director was to sign with Anthem (overall increase of 10.97%).Trustee Luebbers stated his concerns about approval of the health insurance coverage(effective August 1 st ) and the funding of Health Savings Account (HSA) (effective January 1,2012) within the same resolution because the expenses would be incurred during twodifferent budget years. He suggested presenting the items as two separate resolutionitems.He agreed to move forward with entering into agreement with the health insurance carrierbut suggested postponing the decision on the HSA to allow time for review during the 2012budget process in October. He was also concerned about legitimate spending of HSA fundsby the participants and would like the resolution to incorporate the language to addressthe permitted use.Trustee Davis stated that spending of HSA funds was the responsibility of the HSA accountholder, not the Township.He agreed with the suggested employer contribution amount because it helps defray theadditional expense taken on by the employees.He is concerned about the 2012 budget numbers and asked if the employer contributioncould be modified if and when budget cuts would be considered.Law Director Dave Lane reported that the health plan and the HSA were very much linked.He did not recommend separating them.He explained that the Township agreed to start contributing to a HSA in 2008 when itbecame more affordable to move to the higher deductible type plan coupled with the HSA.The employer contribution helps the participant absorb the higher cost associated with outof pocket expenses.He mentioned other things to take into consideration such as the health insurance languageincluded in any of the Collective Bargaining Agreements.With regard to legislating the use of HSA funds, he stated that the account holder wasresponsible for managing the account within the legal requirements and correspondingfederal tax filing. He did not recommend or did not think it was necessary to legislate thespending of funds by way of resolution.Administrator Schroeder reported that the Township had approved the higher deductibleplan coupled with the HSA in 2008, 2009, 2010 and 2011 at the same time the Boardagreed to share with the employee in both the savings and expenses incurred off of thebenefit plan change.

75Trustee Duebber commented that compared to other local jurisdictions, he considered theTownship’s contribution to be very reasonable and in some cases less than some of ourneighboring communities. He stated that the self-directed HSA was a provision of thehealth insurance package that is currently being considered. He agreed with therecommended employer contribution, an equal percentage increase for the Township andthe employee.Mr. Lane stated that approving the resolution would allow the Township to enter intoagreement with Anthem, continue the HSA as defined within the agreement and certifiesthe amount required to meet the obligation fund and dollar amount in fiscal year 2011;technically the Board would not be approving the funding of the HSA for fiscal year 2012.He explained that the resolution certification only concerned the 2011 funds and accounts,however by approving the resolution the Board would be tied to the terms of the contractand other contractual agreements as entered into by Collective Bargaining over a multiyearperiod.Trustee Duebber stated that if the Township agreed to go with a different carrier, a meetingwould have to be conducted to educate the employees, the employees would be required toupdate and complete medical information on Enroll Excel, and the employees couldexperience a delay in the processing of medical claims.Trustee Duebber moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustee Luebbers stated that his upcoming vote was based on the uncertainty concerningthe 2012 budget and the HSA employer contribution commitment. He would have liked tohave had more time to review the terms of the agreement.Mr. Lane referenced a revision to the language of the resolution included under Section 1-Bthat could permit a modification to the HSA employer contribution amount.He pointed out a possible increase on the employee side if a provision in the CollectiveBargaining Bill to limit collective bargaining rights was approved; the provision wouldreduce the percentage of the health insurance employer contribution if not overturned.That would impact the employer HSA contribution by a formula to be determined.Trustee Davis stated that his vote was to provide the best health insurance benefit packagethat the upcoming budget would allow. He agreed that they may have to reconsider theemployer contribution amount if and when the Board would be forced to look at budgetcuts/reductions.Trustee Duebber stated that the Board had sufficient time to review the resolution becauseit had been presented several weeks ago; however, it was unfortunate that the review ofthe Anthem agreement had to be brief because the final quote was received in the office ofthe Human Resources Director this afternoon.

76Trustees Duebber and Davis voted YES and Trustee Luebbers voted NO during roll call toadopt the resolution. Resolution adopted.Resolution 2011-068Trustee Luebbers introduced and moved the adoption of a resolution declaring nuisancefor excessive vegetation at 4740 Shadylawn Terrace and dispensing with the secondreading. Trustee Davis seconded.Mr. Roach reported that the informal order was issued on June 23 having a compliancedeadline of June 30 and the inspection today confirmed that the ROW had been cut but thatthe violation concerning the yard persisted. He asked the Board to allow him to moveforward with the abatement process.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-069Trustee Luebbers introduced and moved the adoption of a resolution declaring nuisancefor excessive vegetation at 5262 Delhi Pike and dispensing with the second reading.Trustee Davis seconded.Mr. Roach reported that informal orders were issued on June 8 th having a compliancedeadline of June 15 th and the inspection today confirmed that the violation persisted. Heasked the Board to consider declaring the property a nuisance which would allow him tomove forward with the abatement process.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-070Trustee Luebbers introduced and moved the adoption of a resolution decaling nuisance forexcessive vegetation and accumulated debris at 5644 Hollowview Court and dispensingwith the second reading. Trustee Davis seconded.Mr. Roach reported that informal orders were issued on June 9 th having a compliancedeadline June 15 th and the inspection today confirmed that the violation persisted. Heasked the Board to consider declaring the property a nuisance which would allow him tomove forward with the abatement process.

77Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Resolution 2011-071Trustee Luebbers introduced and moved the adoption of a resolution declaring nuisancefor excessive vegetation at 186 Francisridge Drive and dispensing with the second reading.Trustee Davis seconded.Due to technical difficulties, the report by Mr. Roach was not recorded.Trustee Luebbers moved and Trustee Davis seconded to dispense with the second reading.Trustees Duebber, Davis and Luebbers voted YES.Trustees Duebber, Davis and Luebbers voted YES during roll call to adopt the resolution.Resolution adopted.Trustee Davis informed Mr. Roach of a complaint concerning excessive vegetation at thecorner of Mt. Alverno and Delhi Pike (old Jiffy Lube lot). He asked him to follow up on aprevious complaint concerning properties located on the eastern portion of Delhi.Citizens’ Comments: noneFiscal Officer Report: noneAnnouncement of Community Events:Delhi Civic Association Yard of the Week – Winner of Week #3: Stephanie Silbert at4741 Fehr Road and Winner of Week #4: Shannon and Nick Anderson at 5441Gwendolyn Ridge.The Delhi Civic Association will present the Delhi’s Taste of Rock and Blues at DelhiPark on Saturday, July 9 th beginning at 4:00 p.m.The Delhi Citizen’s Police Association annual Golf Outing has been rescheduled onFriday, July 15 th .Riverview-Delhi Kiwanis presents Rollin’ on the River Car Show at Fernbank Parkon Sunday, July 24 th .Delhi Farmers’ Market will be open on Wednesdays, from 4:00 until 7:00 p.m.through the month of October, at Shiloh United Methodist Church at Anderson Ferryand Foley.

78Trustee Davis requested an update on construction projects taking place throughout thebusiness district. Mr. Stahlheber reported that UDF has scheduled construction to take place at theirold location at the corner of Delhi and Greenwell including the removal of gas tanksand pumps and total remodel including subdivision of the structure. The buildingwill be oriented towards Delhi Pike with linear store frontage. Currently Verizonhas signed as tenant and a couple of restaurants have expressed an interest. He reported that the department received a permit from business owner whointends to open Wishbone Tavern at the former Hot Wings location on Delhi Pike, ajoint venture involving the current owner of Penn Station restaurant. The buildingwill be converted to a restaurant with a bar.Executive Session:Motion 2011-090Trustee Davis moved and Trustee Luebbers seconded to retire to executive session toinvestigate charges or complaints against a public employee and to review negotiationswith public employees. Trustees Duebber, Davis and Luebbers voted YES. Motion carried.Return to Public Meeting:Motion 2011-091Trustee Davis moved and Trustee Luebbers seconded to conclude executive session andreturn to the public meeting. Trustees Duebber, Davis and Luebbers voted YES. Motioncarried.Adjournment:There being no further business to come before the Board on motion of Trustee Luebbersseconded by Trustee Davis the meeting was adjourned. Trustees Duebber, Davis andLuebbers voted YES. Motion carried._____________________________________________, Fiscal OfficerApproved:_____________________________________________, President_____________________________________________, Vice President_____________________________________________, TrusteeI hereby certify that the amounts needed to meet the above obligations have been lawfullyappropriated and are in the treasury or the process of collection free from any and allobligations.

________________________________________________Cheryl A. Sieve, Fiscal Officer79